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Last Updated: Friday, 12 November, 2004, 13:49 GMT
Protesters lose phone mast battle
Phone mast
Harrogate council had rejected the mast application
Campaigners fighting to stop a phone mast being built near three schools in Harrogate have lost the latest stage in their legal battle.

They told the Appeal Court the masts should not go ahead because of concerns about effects on pupils' health.

But the judges said the planning decision was not the place for determining health safeguards.

The proposed mast at Claro Road is near St Robert's RC Primary, Woodfields Primary and Granby High School.

Parents argued the schools lie within the electromagnetic field of the proposed mast which would be used by T-Mobile, Orange and Hutchison 3G.

Planning permission had been refused by Harrogate Council and the companies took the case to the High Court in June where a judge ruled the planned mast met safety guidelines, prompting this week's hearing at the Court of Appeal.

Giving judgement on Friday in favour of the phone companies, Lord Justice Laws said it was only in "exceptional circumstances" the planning process would consider "perceived health concerns" and there were none in this case.

"It remains central government's responsibility to decide what measures are necessary to protect public health," the judge ruled.

After the hearing, one of the Harrogate protesters, Peter Brooks, said: "I am surprised a personal risk to health was not discussed in court because that was what we had discussed and read about beforehand."

He added that further legal action is being considered.


SEE ALSO:
Mast row parents head for No 10
20 Oct 04 |  North Yorkshire
Mast fight reaches appeal court
11 Nov 04 |  North Yorkshire
Local fury at phone mast ruling
24 Jun 04 |  North Yorkshire
Companies defeat mast challenge
23 Jun 04 |  North Yorkshire


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